Legal Documents
Privacy policies, terms of service, and other legal information
Last Updated: December 2024
Privacy Policy
1. Introduction
This Privacy Policy explains how ShiftOwt ("we", "us", "our") collects, uses, stores, and protects your personal data when you use our mobile application and web platform (the "Service").
We are committed to protecting your privacy and handling your personal data in accordance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.
2. Data Controller
The data controller responsible for your personal data is:
ShiftOwt
[Registered Address]
Email: support@shiftowt.com
3. Personal Data We Collect
3.1 Information You Provide
| Category | Data Elements | Purpose |
|---|---|---|
| Account Information | Name, email address, password (encrypted) | Account creation and authentication |
| Profile Information | Phone number, driver licence number (optional) | Profile completion, identity verification |
| Employment Information | Agency connections, shift history | Service functionality |
| User Content | Availability settings, hours submissions, notes | Core service delivery |
3.2 Information Collected Automatically
| Category | Data Elements | Purpose |
|---|---|---|
| Location Data | GPS coordinates, speed, movement patterns | Hours tracking during active sessions only |
| Device Information | Device type, operating system, unique identifiers | Service optimisation, troubleshooting |
| Usage Data | Feature interactions, session duration, app events | Service improvement |
| Technical Data | IP address, browser type, access times | Security, analytics |
4. Legal Basis for Processing
We process your personal data on the following legal bases under UK GDPR Article 6:
| Processing Activity | Legal Basis |
|---|---|
| Account creation and management | Contract performance |
| Location tracking during active sessions | Consent |
| Hours and availability management | Contract performance |
| Push notifications | Consent |
| Service improvement analytics | Legitimate interests |
5. Location Data
We collect location data solely to enable the hours tracking feature. Location data is collected only when you explicitly initiate a tracking session. We do not track your location when tracking is stopped, in the background without an active session, or when the application is closed.
We do not sell, share, or disclose your location data to third parties for advertising or marketing purposes.
6. Data Sharing and Recipients
When you accept a connection request from an agency, that agency can access your name, contact information, availability calendar, and hours submissions for shifts worked with that agency. Agencies cannot access your precise location data or hours worked with other agencies.
| Provider | Purpose | Location |
|---|---|---|
| Google Firebase | Data storage, authentication | EU/US |
| Stripe | Payment processing | US/EU |
7. Data Retention
| Data Category | Retention Period |
|---|---|
| Account data | Duration of account plus 6 years |
| Hours and shift records | 6 years from creation |
| Location tracking data | 90 days |
| Technical logs | 12 months |
8. Your Rights
Under UK GDPR, you have the right to access, rectification, erasure, restriction of processing, data portability, objection, and withdrawal of consent. To exercise these rights, contact us at support@shiftowt.com.
9. Complaints
You have the right to lodge a complaint with the Information Commissioner's Office:
Information Commissioner's Office
Wycliffe House, Water Lane
Wilmslow, Cheshire SK9 5AF
Website: www.ico.org.uk
Telephone: 0303 123 1113
10. Contact
Email: support@shiftowt.com
Terms of Service
1. Interpretation
In these Terms: "Account" means your user account; "Service" means the ShiftOwt mobile application and web platform; "Terms" means these Terms of Service; "User", "you", "your" means any person accessing or using the Service; "We", "us", "our" means ShiftOwt.
2. Acceptance of Terms
By creating an Account or using the Service, you agree to be bound by these Terms. If you do not agree, you must not use the Service. You must be at least 18 years old to use the Service.
3. Description of Service
ShiftOwt provides availability calendar management, hours tracking using GPS and motion sensors, shift management, agency-driver connection features, compliance information display, and push notifications.
3.1 Service Limitations
The Service is provided for informational and scheduling purposes. It is not a certified tachograph or official recording device, a replacement for equipment required by law, a legally recognised compliance record, or professional legal or compliance advice.
4. Important Notices Regarding Hours Tracking
4.1 Estimation Only
All hours, driving times, and compliance calculations displayed by the Service are estimates based on GPS data and motion sensors. These estimates may differ from actual hours worked, may differ from official tachograph records, are subject to GPS accuracy limitations, and should not be relied upon as the sole record for regulatory compliance.
4.2 User Responsibility
You acknowledge and agree that you are solely responsible for compliance with all applicable regulations, including EU Regulation 561/2006 and the Working Time Directive. You must maintain official records as required by law, verify Service data against official records, and the Service does not replace professional compliance advice.
5. Limitation of Liability
5.1 Exclusions Not Permitted by Law
Nothing in these Terms excludes or limits our liability for (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) any liability that cannot be excluded or limited by applicable law.
5.2 Limitation
Subject to clause 5.1, our total aggregate liability shall not exceed (a) the total fees paid by you in the 12 months preceding the claim; or (b) £100, whichever is greater.
5.3 Exclusion of Certain Losses
Subject to clause 5.1, we shall not be liable for loss of profits, revenue, or business; loss of data or information; loss of goodwill or reputation; any indirect, special, incidental, or consequential loss; any fines, penalties, enforcement actions, licence sanctions, or other regulatory consequences.
6. Governing Law
These Terms are governed by the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction.
7. Contact
Email: support@shiftowt.com
Disclaimer
1. Nature of the Service
The Application is provided as an informal time-tracking and scheduling tool for informational purposes only.
The Application is not (a) a certified digital tachograph or approved recording device; (b) a legally recognised record for regulatory compliance purposes; (c) a replacement for mandatory tachograph equipment required under EU Regulation 561/2006; (d) an official record accepted by DVSA, Traffic Commissioners, or other enforcement authorities; (e) professional compliance, legal, or transport advisory services.
2. Accuracy and Limitations
All driving hours, working hours, rest periods, and compliance calculations displayed by the Application are estimates only derived from GPS location data, motion sensor readings, user-entered information, and algorithmic calculations.
The accuracy of estimates may be affected by GPS signal availability, device hardware capabilities, environmental factors, battery optimisation settings, and network connectivity. Estimates may differ materially from actual hours worked or official tachograph records.
3. User Responsibilities
You must use a calibrated tachograph as required by law, maintain accurate tachograph records, cross-check Application data against official records, and not rely solely on the Application for compliance decisions.
You remain solely responsible for compliance with EU Regulation (EC) No 561/2006, The Road Transport (Working Time) Regulations 2005, The Recording Equipment Regulations 2008, and GB Domestic Driving Hours Rules where applicable.
4. Regulatory Reference Information
The following limits are provided for general reference only:
| EU Regulation 561/2006 | Maximum |
|---|---|
| Daily driving | 9 hours (10 hours twice per week) |
| Weekly driving | 56 hours |
| Fortnightly driving | 90 hours |
| Continuous driving before break | 4.5 hours |
This information is for general reference only and does not constitute legal advice.
5. Limitation of Liability
Nothing in this Disclaimer excludes our liability for death or personal injury caused by our negligence, fraud, or any liability that cannot be excluded by law.
Subject to the above, we shall not be liable for any fines, penalties, prohibition notices, licence sanctions, Traffic Commissioner proceedings, criminal prosecutions, loss of earnings, or any indirect or consequential loss.
Our total aggregate liability shall not exceed the fees paid in the 12 months preceding the claim or £100, whichever is greater.
6. Governing Law
This Disclaimer is governed by the laws of England and Wales.